Leornard s/o Fue v. R., (PC) Crim. App. 6-A-68, 3/4/68, Platt J.

Leornard s/o Fue v. R., (PC) Crim. App. 6-A-68, 3/4/68, Platt J.

Accused was convicted in the Primary Court of forcible entry as a result of having built his house partially upon the complainant’s land. There was some evidence of negotiations between accused and complainant for permission to so build, but such permission was not in fact granted.

            Held: (1) “The appellant did not build his house partially upon the complainant’s land by using violence in any of the ways provided by P.C. s. 85 “Conviction quashed. (2) “Strictly speaking the order for compensation ought to be set aside, but as there will no doubt have to be civil proceedings to verify the boundary and require the accused to remove back to his own land, I shall allow that order to stand and to be taken into consideration in any such civil proceeding.”